Scmc visit to maharashtra

Supreme Court monitoring committee

Directions issued to MIDC in respect of hazardous wastes lying in MIDC Industrial Areas, and also as illegal dumps in collection sumps, CETP area and in closed industries.

The issue was considered by the S.C.M.C. at its meeting in Mumbai on 8/9 January 2004. Decision was taken to have this waste shifted to a secured landfill. This decision was communicated to Shri. R.K. Das, Jt. C.E.O.(Env.), MIDC, by D.O. letter dt. 17.2.04.

S.C.M.C. had a meeting with MIDC at its Andheri Office on 5th June 2004 wherein the committee observed that the necessary compliance was not made by MIDC yet. MIDC was unable to provide any justification for not complying with the directions of the Supreme Court Committee. Reasons were given that permission was sought from MPCB for shifting of hazardous waste and for necessary financial approval. These reasons for non- compliance were rejected by the committee.

The SCMC drew the attention of the MIDC & the MPCB to serious differences in the total quantities of hazardous wastes disclosed by both the two authorities to the committee. MPCB conceded that the figures of MIDC may be taken now as correct as they are based on approximate physical measurements of the wastes concerned and are also on dry weight basis. Both parties agreed that the MIDC quantities could be taken as the basis for the work to be carried out and for compliance reports.

Accordingly SCMC has directed the MIDC to shift all the wastes in the below mentioned MIDC industrial estates to the TSDF at Taloja by 30th June 2004. (Quantities are on MT dry basis).

Ambarnath 25
Badlapur 15
Patalganga 200
Roha 200
Taloja 200
TTC 200
Dombivali 210

Wastes from all CETP sumps to be taken to TSDF by April 31, 2005. (Mahad sludge (1747 MT) to be taken to TSDF in the month of 1st week of October, 2004).

To remove all doubts, in case there is a discrepancy between these figures and what is actually lying in all premises (excluding premises of closed industrial units) and areas, MIDC is still required to transport such wastes to the TSDF at Taloja by 30th June, 2004. The evacuation should result in total cleanup and site clearance certificate to be given by the concerned R.O. MPCB. Final results will be inspected by the Committee.

ShriVipin Patel from TSDF Taloja was present during the meeting and he has assured the committee that the work can be carried out by the said period. Compliance report in respect of this is to be filed by 31st October, 2004.

Compliance report will be filed by the MIDC directly with Dr. N.Hosbettu, Member Secretary, Supreme Court Monitoring Committee.

The discussion relating to the hazardous wastes at Tarapur Industrial Estate was deferred to the following day (June 6). SCMC would visit Tarapur for on the site inspection along with of MPCB & MIDC Officials.ShriRakesh Kumar, Scientist in charge, NEERI, Mumbai Office was requested by MIDC to be a member of team visiting Tarapur.

June 6: Visit to MIDC Tarapur industrial estate & directions:

The committee visited T.I. Estate on Sunday 6th June 2004. During the preliminary meeting held in the premises of CFC Building MIDC, Tarapur, the figures for hazardous waste given by MIDC & MPCB were reconciled.

The committee next visited the 2MLD CETP run by the Tarapur Industries Manufacturers Association (TIMA). The plant was not meeting norms. Thereafter the committee visited several areas within the industrial estate. It made the following directions:

None of the units inspected has boards displaying information about the units outside the factory gates as required. MIDC was directed to instruct to all the units to comply within 7 days compliance report to be filed. If any unit refuses to comply, MIDC was directed to ensure immediate closure.

The committee visited areas where hazardous wastes were casually dumped by industries. MIDC was instructed to erect boards warning industrial units not to dump wastes in these areas with threat of closure if found otherwise. MIDC was directed to put up the boards within 24 hours at these spots. Compliance to be communicated to MPCB Regional Officer, at Thane.

The committee inspected the old dumps on plots Nos. OS-10/OS-11 & AM-23 and the plots outside boundaries of IDC. The committee also assessed the situation arising from evidence of hazardous waste dumps all over the industrial estates & even outside the estate boundaries. The best method of dealing with these dumps and all these wastes was discussed and the committee’s directions are given below.

Committee visited sump No. 3 located in the industrial estate and the wastes being sent to the sump by all the industries connected with it. The Committee found and recorded a pH of 2. It called for records by MIDC which indicated that some times the pH has even touched 1. It was decided that closure orders would be issued to all the industrial units connected to the drainage channel connected to sump No.3. All industries are to be directed by MPCB to erect forthwith an intermediary chamber between the factory & the drainage channel outside the factory gate to the satisfaction of MPCB and only thereafter, if found that the effluent was conforming to the norms, permission be granted to restart the unit.

Discussions with MIDC, MPCB & TIMA:-

The committee finally had discussions with officials of all the above 3 organizations in the CFC building. After considering the points of view expressed by TIMA & MIDC, and the three different options placed before it, the Committee issued the following directions.

MIDC will construct secured landfill with approximately 1.5 lakh tones capacity as per HW Rules and directions of the Supreme Court within the industrial estate with a view to securely contain (i) all the hazardous wastes dumped on the plot. (ii) All wastes dumped within the industrial estate (iii) All wastes dumped outside the industrial estates.TIMA to pay 50% of the cost and MIDC to pay 50%. Work on the construction of the landfill to commence forthwith. Landfill may be completed module wise so that the work can be started immediately. Entire landfill and transfer of the wastes stipulated above to be transported to landfill and covered by 31 March, 2005.Bar chart for work to be furnished to MPCB every 15 days to ensure timely completion.SCMC to be informed on monthly basis of progress of work.

CETP: 23 MLD CETP will be constructed by MIDC or any competent agency selected by MIDC by 31st May-2005. 50 % cost of CETP to be paid to MIDC by TIMA by 31st July 2004. If the amount is not paid by the same date, MPCB will be order closure of the entire industrial estate.

Till such time as the engineered landfill comes into operation all industrial units will ensure that hazardous wastes are sent to Taloja. Any person or unit found discharging hazardous waste either within or outside the industrial area will be shutdown immediately by MIDC and Board. No leniency will be shown on this score.

Dr Claude Alvares Dr TapanChakrabarti

June 8, 2004

SUPREME COURT MONITORING COMMITTEE

Visit to MIDC Mahad and Lote-Parshuram Industrial Estates (Maharashtra)Dated: June 8, 2004

The SCMC comprising Dr.ClaudeAlvares and Dr.T.Chakrabarti, along with MPCB and MIDC officials visited the MIDC areas of Mahad and LoteParashuram on June 8, 2004 to inspect the status of hazardous waste management and implementation of Supreme Court directions.

The team first inspected the CETP Mahad and examined the sludge management at the CETP. The old sludge storage area which was to be cleared before the onset of the monsoon this year was found to be lying in a poorly lined pond with rainwater on the top. The team was unsatisfied about the non-compliance and directed the CETP management to lift the hazardous materials from the old dump soon after the monsoon and complete the transfer by October 31, 2004.

Though the CETP was having most of the usual unit operations and is retrofitted with yet –to-be-commissioned pressure filters and activated carbon filters, the treated effluent did not conform to the standards stipulated by the MPCB. It is anticipated that a suitable pretreatment at the secondary treatment level and the retrofitted tertiary treatments could bring down the effluent parameters to the levels of stipulated standards. The CETP management was to take appropriate steps to improve the situation by November 30, 2004. The unit is also directed to ensure that a board is erected at the gate that provides all details of consents, authorizations, emissions, effluent discharge and hazardous wastes at the plant. MPCB is directed to provide a compliance report to MoEF in this regard.

The team then visited RakshaPharmachem (Plot.E-24/2) which is presently closed for operation. The owner has left the hazardous wastes on the ground unprotected or worse, permitted others to dump their hazardous wastes on his plot. Further the owner has brought hazardous waste (probably spent caustic) from an industry located in Karnataka as raw materials without observing manifest formalities. The unit is closed.

MIDC is directed to locate the owner and to instruct him to lift all these wastes and send the same to Taloja TSDF and to initiate appropriate action against the owner for misusing the premises. Hazardous wastes imported from Karnataka are to be to be returned to Karnataka with notice to the Karnataka Board. If the owner cannot be located, MIDC is directed to take over the unit and shift all the hazardous wastes to Taloja TSDF under its supervision. MIDC is required to complete their operation and submit a compliance report to MoEF for onward transmission to the SC by September 30, 2004.

The team visited the industrial premises of Shri Mahesh Chemicals Limited (Plot.E2 and E3) which now accommodates an abandoned H-acid plant and iron and gypsum sludge. MIDC is directed to locate the owner, dismantle the entire premises and arrange to lift all the hazardous sludge to Taloja TSDF. In case the owner cannot be located, MIDC has to arrange for this transfer and submit a compliance report to MoEF for onward transmission to the Supreme Court by September 30, 2004.

The team then visited ShriHari Chemicals Limited (Plot.A/8) which is presently manufacturing H-acids and derivatives. The unit was not maintaining records in form IV and transport manifests. There was no board outside the factory gate. The unit has a dedicated multiple effect evaporators train and incinerator for the mother liquor generated from H-acid. Further the industry is able to sell all its iron and gypsum sludge to a cement manufacturer located at Ratnagiri. The industry offered its assistance to arrange for lift of iron and gypsum sludge located at Shri Mahesh Chemicals Limited. MIDC is directed to interact with ShriHari Chemicals and MIDC in this regard. The team then left Mahad for LoteParshuram.

At Lote, the team first visited the CETP of LoteParshuram Environment Protection Co-op. Society Ltd. The performance efficiency of the CETP was far from what was required by MPCB. Further, the sludge drying bed, exposed to open atmosphere, was found overflowing. The society was directed to immediately transfer the overlying contaminated water on the sludge to the equalization tank and consult its consultant for performance improvement. All the required equipment must be in place before September 30, 2004 and the performance should improve adequately by December 31, 2004 failing which MIDC and MPCB are directed to close down the CETP and industrial units contributing to the CETP.

The team thereafter visited Nayan Metals which is reprocessing spent lead batteries for lead recycle. Though the required air pollution controlling equipments to control air emission were found in place, the industry is still using open melting of lead in a pan which, being hazardous, needs to be discontinued with immediate effect. The unit is dumping the spent acid on the floor thereby allowing it to percolate and contaminate ground water. Besides, the housekeeping of the industry is very bad. MPCB is directed to look into the matters and instruct the owner of the industry to improve its operation, housekeeping and reducing chances of occupational hazards by September 30, 2004. If these improvements and directions are not complied with by the owner on the deadline, the operation has to be closed down. MPCB is required to file a compliance report to MoEF for onward transmission to the Supreme Court.

The unit finally visited was that of M/s. Mishal Metals Limited which has already closed down its operation seven years earlier. The team found unutilized hazardous waste materials in large quantities both inside and outside the factory premises. The approximate quantity appears to be in the region of 35,000 MT. The team admonished the accompanying officials from MPC B and MIDC for not taking appropriate steps to take care of these materials before the onset of monsoons. MIDC was directed to locate the owner, take over the premises, dismantle the entire structure as it is in an extremely dilapidated condition posing risk for those who enter the unit and send the materials either to another industry which is processing zinc ash or to Taloja TSDF. Alternatively, MIDC, on its own, is to carry out the above-mentioned operations. The operations should be completed by September 30, 2004 and a compliance report to be submitted to MoEF for onward transmission to the Supreme Court.

Discussions were held in both Mahad and LoteParshuram on the need to create TSDFs to serve the industrial estates of Mahad, LoteParshuram and Roha. Final directions would be issued only after all three SCMC members discussed the matter in Goa.

The MPCB was directed to inventorise the hazardous wastes dumped by industrial units at Nagothane (along the roadside) and also by Mishal Zinc in LoteParshuram town area, outside the factory gates. The team then left for Ratnagiri on the way to Goa.

Dr Claude Alvares Dr TapanChakrabarti
June 9, 2004 Goa.

Additional report:

June 10, 2004 (Goa)

The need for a TSDF to take in existing (illegally dumped) hazardous wastes and new hazardous wastes from the three MIDC industrial estates of Mahad, LoteParshuram and Roha was discussed by the SCMC comprising Dr D.B. Boralkar, Dr TapanChakrabarti and Dr Claude Alvares in Goa.

It was decided to instruct the MIDC and MPCB to proceed with the construction of a secured landfill (with incinerator) at Mahad IDC area.

MIDC may take note of this direction and proceed immediately with a meeting of the associations of industrialists from the three estates. The TSDF should be ready for use by March 31, 2005.

Dr Claude Alvares Dr D.B. Boralkar

Dr TapanChakrabarti